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Frequently Asked DUI Questions – Part 1

Frequently Asked DUI Questions – Part 1

Do you have DUI questions?  Take a look at our most frequently asked DUI questions and hopefully you may find the answer you have been looking for!

Frequently asked DUI questionsCommon DUI Questions and Answers

  1.  Is a DUI and a DWI the same charge or is it a different charge?  A DUI (driving under the influence) and a DWI (driving while intoxicated) are different names for the same charge of driving a motor vehicle while under the influence of alcohol and/or drugs.
  2. Can I be charged with DUI if I have a BAC (blood alcohol concentration) under the legal limit of 0.08?  Yes, an enforcement officer can charge an individual with DUI if the officer believes that person’s driving was impaired by alcohol, even if their BAC level is below 0.08.
  3. Can I be charged with DUI if I took legally prescribed medicine and drove shortly thereafter?  Yes, an individual could be charged with DUI if their driving was affected by prescribed medicine.  Additionally an individual could also be charged with DUI if their driving was affected by sniffing glue, smelling toxic fumes, cough syrups, etc.
  4. Are the DUI field sobriety tests mandatory?  No, the tests are not mandatory.  The field sobriety tests are voluntary, it is up to the individual to take the tests or not take the tests.  The tests are very difficult, the DUI attorneys at David O Defense recommend NOT to take the tests.
  5. Is the portable breath test mandatory?  No, blowing into the breathalyzer is not mandatory.  The portable breath test is voluntary, it is up to the individual to take the test or not.  The DUI lawyers at David O Defense recommend NOT to blow into the portable breathalyzer.
  6. Is the breath test at the police station mandatory?  No, blowing into the breath test machine is voluntary, it is up to the individual to take the test or not.  However, if a person does not blow into the breathalyzer there will be consequences, for example, the refusal could be used against that individual at trial and loss of license for at least one year.
  7. Will an individual go to jail on the night of their DUI arrest?  Taking a person to jail is up to the arresting officer.  If a person is highly intoxicated the officer is more likely to take that person to jail or the hospital.  Or if a person has a past DUI conviction than the officer is more likely to take that person to jail.


Frequently Asked DUI Questions – Part 2, coming soon.

Our Favorite Apple Pie Recipe – David O Defense

Our Favorite Apple Pie Recipe – David O Defense

Hooray, the holiday cheer is upon us! It’s time to gather with friends and family and share wonderful food. Our family loves pie for the holidays, especially apple pie.  Our kids go nuts when then hear Grandma is baking her famous apple pie, it’s as if Santa has come early.

We are happy to share our Grandma Barb’s famous apple pie recipe so that others can enjoy some of our favorite holiday flavors!

apple pie

Grandma Barb’s Famous Apple Pie

8 Inch Pie:

  • 1 1/2 cups flour
  • 3/4 tsp. salt
  • 1/2 cup (butter flavored shortening and real butter, 1/4 cup each mixed together)
  • 3 tbsp. ice-cold water

9 Inch Pie:

  • 2 cups flour
  • 1 tsp. salt
  • 2/3 cups (butter flavored shortening and real butter, 1/3 cup each mixed together)
  • 1/4 cup ice-cold water


  • 6-8 granny smith apples peeled
  • fresh lemon juice sprinkled onto apple slices
  • sprinkle sugar and dot apples with butter

Pre-heat oven to 425F.

Measure flour with a sifter. Add salt to flour. Cut in shortening/butter mixtures until the size of peas. Slowly add the cold water while mixing the dough with a fork. The flour will moisten and start to ball up.

Gather and roll dough into a ball. Divide the dough in half. On a lightly floured surface, roll each dough ball out until about 1/8 inch thick, and a little larger than the pie pan. Fold one pastry and put into the pan, then unfold, and add apple filling. Then add the second pastry on top of the pie and cut off excess dough. Seal edges of top and bottom pastries together by pinching together.  Make a decorative pie crust outer edge with fingers or fork.

Sprinkle the top pie crust with cinnamon, nutmeg and sugar. Make sure to puncture top of the crust with slits or decorative cutouts. To prevent the crust from over browning, cover the crust with foil.

Place pie in pre-heated oven and bake for 15 minutes. Turn oven down to 350F and bake for a final 45 minutes. Remove the foil during the last 15 minutes of baking.

Serve warm or let cool. Be sure to make some homemade whip cream to dollop on top of each slice. Enjoy!

Happy Holidays from the DUI and criminal defense attorneys and staff at David O Defense. May your season be merry and tasty with apple pie!

Healthy Techniques to Deal with Stress when Facing a Criminal Charge

Healthy Techniques to Deal with Stress when Facing a Criminal Charge

Dealing with a criminal charge can be extremely stressful.  Much of the stress comes from the unfamiliarity of the legal system and the possibility of facing serious consequences such as jail time. When a person uses healthy techniques to deal with this stress, they think clearer and have better control over their emotions which makes the process of going through a legal situation easier.

When stress is mismanaged it can effect a person emotionally and sometimes physically.  Generally this leads to poor decision making, decreased productivity, and lack of joy in life.  Poor management of stress can even make a legal situation even worse; such as acquiring an additional criminal charge.

Some unhealthy ways of coping with stress include;

  • Drinking too much Alcohol
  • Smoking
  • Using Drugs or Pills to Relax
  • Over Eating
  • Avoiding Friends or Family
  • Withdrawing from Activities
  • Sleeping all Day
  • Taking your Stress out on Others

criminal charge - stressLearning to deal with stress in a healthy manner can make a person feel more in control of their life. They have more control over their thoughts, emotions, and lifestyle.

Some healthy ways to deal with stress include;

  • Exercise, Yoga, Stretching, Dancing, Team Activities
  • Connecting with People, Talking to a Trusted Individual
  • Taking Good Care of Yourself, Eating Healthy, Adequate Sleep
  • Simply Give Your Mind a Break from the Stressor
  • Manage Your Time Well, Don’t Over Commit
  • Take Time to Relax
  • Engage in Activities You Enjoy such as; listening to music, reading, writing, walking, going out for dinner etc.
  • Avoid Excessive Caffeine, Sugar, Alcohol and Drugs

The legal process can be extremely stressful, however when the stress is managed, dealing with a criminal charge will be easier. When stress is handled in a healthy manner individuals are more resilient and can stand up to tough challenges. They are able to think clearer, make better decisions, and move forward with their lives.

Remember that people are all individuals and stress management is not a one-size-fits-all. That’s why it’s important for an individual to experiment with healthy stress management techniques and find out what works best for them!